By: MarkJ - 28 September, 2011 (8:54 AM)
p2p copyright uk ISP file sharing lawgoldeneye internationalGolden Eye International, a law firm that claims to hold numerous film copyrights and is linked with the Ben Dover porn brand in the UK, has attempted to sue three broadband ISP customers for "illegal" internet copyright infringement (piracy) after at least one of the accused failed to respond when a letter arrived demanding a payment of £700 (i.e. "speculative invoicing") to settle the dispute.

Despite the spectacular failure of similar cases by solicitor firms ACS:Law (Andrew Crossley) and Davenport Lyons UK (example), both of which have since been slapped down by the courts and the Solicitors Regulatory Authority (SRA), Golden Eye has still attempted to reuse the same widely discredited tactic.

According to TorrentFreak, Golden Eye is said to have sought for the case to be tried in a County Court but appears to have promptly attempted a pullout after it became clear that they would instead need to appear before the London Patents County Court (Judge Birss QC) on 8th August 2011.

Judge Birss QC is perhaps best known for putting the smack down on ACS:Law / MediaCAT's "amateurish and slipshod" attempts to sue 27 individuals (here) that had been accused of a similar offence. The law firm soon realised that it couldn't win and moved to close the case, so as to avoid paying any costs, but this was refused and ACS:Law eventually shut up shop.

Judge Colin Birss QC said:

"Right away it will be seen that these claims bear some striking similarities to the claims in the litigation concerning the company Media CAT Ltd, the subject of my judgment Media CAT v Adams [2011].. However I should also make clear that there may very well be important differences between the present cases and the Media CAT cases. At this stage I do not know."

In order to proceed further Ben Dover Productions, which owns the rights to the adult video 'Fancy an Indian?' (the one that is alleged to have been shared), will need to join with Golden Eye and thus potentially put themselves at risk of becoming liable for a Wasted Costs claim if the case were to fail like ACS:Law's did.

Law firms typically track related piracy by monitoring the Internet Protocol ( IP ) addresses of online users, which are assigned to your computer each time you go online and made public by BitTorrent (P2P) networks. However IP's can easily be faked, hijacked or even shared (e.g. public Wi-Fi, office networks etc.) in ways that, as the SRA's Timothy Dutton QC described during the summer, turns it into evidence of the "flimsiest" variety.

It would be a fair bet, given the history of such cases, to say that Judge Colin Birss QC probably won't appreciate having to try another ACS:law style case so soon after the last one. One to watch.
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Comments: 16

asa logoDeduction
Posted: 28 September, 2011 - 10:05 AM
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quote"Golden Eye is said to have sought for the case to be tried in a County Court but appears to have promptly attempted a pullout after it became clear that they would instead need to appear before the London Patents County Court (Judge Birss QC) on 8th August 2011."

Says it all, nothing more than another bunch of bully cowards that know they cant win if people have a fair trial.
asa logoStealth_Worm
Posted: 28 September, 2011 - 10:32 AM
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Typical. Another law firm using bully tactics in order to make a quick buck.

These law firms are like the torrent sites, they claim to be fighting against. One or two are taken down, and behold! More spring up in their place.
asa logostarfish
Posted: 28 September, 2011 - 12:26 PM
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Maybe it is about time that The public should be protected against so called copyright protection societies, rather than the other way round!
asa logoAlchemy
Posted: 28 September, 2011 - 1:59 PM
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I thought Fancy an Indian was a cooking show about a curry house
asa logoMarkJ
Posted: 28 September, 2011 - 2:32 PM
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Yeah.. think this one might be a bit different though tongue

http://www.imdb.com/title/tt0359255/
asa logoAlchemy
Posted: 28 September, 2011 - 3:34 PM
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Ben Dover? What's in a name? I went to school with a guy called Richard Head tongue
asa logotimeless
Posted: 29 September, 2011 - 1:11 AM
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its always the same.. those with money try to take those without for every penny they are worth..

what gets me is the government wants to remove this culture of no win no fee type firms as it encourages a compensation claiming culture, then you have companies like the above sending out speculative letters in the hopes they get money back from sadly gullible public.. how is this any different from no win no fee firms? first they rope you in with the promise of not taking anything if you dont win, but then they have to take a cut if you do..

lve said it once elsewhere, but these kinda tactics are dirty, the law is supposed to protect us yet big business can get away with anything, look at crossley he is still driving nice cars and living in a amazing house, where are we? and where would we be if we were at the receiving end?
asa logoeternity
Posted: 29 September, 2011 - 10:36 AM
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@timeless

The sad thing is that the 27 people who got sued by ACS:Law either had no lawyer, because they could not afford it, or were represented on a no win no fee basis. If no win no fee is removed, people will be at the mercy of speculative invoicing solicitors... and it is not like they could turn to the SRA for help.
asa logoCarrot63
Posted: 29 September, 2011 - 10:55 AM
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I really would love to see another bunch of shysters come out on the wrong end of Judge Birss' rather pointed remarks. Watching Crossley eventually get cut to ribbons was decidedly pleasurable.
asa logoLambkin
Posted: 29 September, 2011 - 9:36 PM
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Click on the link for Golden Eye International above which takes you to their home page. Click on the IP Tracking link and that tells you:

"At the centre of our fight against piracy and the illegal distribution of our copyrights is our bespoke technology which captures the irrefutable evidence of the perpetrators.

Clem Volger, a Chartered Physicist who is registered as a checked computer expert with the Expert Witness Directory, has written a detailed report of our software. Mr Volger work has been commended by Crown Court Judges for his work in providing clear explanations on computer evidence.

His report will be provided to court with other evidence gathered of the perpetrators."

Click on the Clem Volgar link to Adlitem Ltd, click on Clients and who is lurking there - its Davenport Lyons and ACS Law!
asa logoMarkJ
Posted: 30 September, 2011 - 10:09 AM
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Very well spotted Lambkin laugh .
asa logoMichael Bradbrook
Posted: 5 October, 2011 - 8:38 PM
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Oh dear, Oh dear another two bit Solicitors firm and Clem Volgar had dealings with Daveport Lyons and ACS Law. That just speaks wonders. No wonder they didn't want it to the law courts especially if that came out in the court case.
asa logoSequoia
Posted: 27 October, 2011 - 5:58 AM
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Posted: 5 November, 2011 - 5:27 PM
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